The Theory Of Animal Protection Legislation In The Civil Code Compiling

The idea of animal protection has a long history, although animal has been regarded as the thing of the civil law in the legal practice, the academic circle have different views on the definition of civil legal status for animals and methods of protecting animals, whether the theory of animal's subject status, animal's limited subject status, or the theory of animal's third-party ontology,all provide a new angle for the research of civil legal status, opened up a new field. The theory of animal's indirect obligation, animal's rights and animal's welfare have carried on the beneficial exploration for animal protection. It has provided reference for animal protection legislation in the civil code compiling that the Green Civil Code Draft compiled by Professor xu guodong etc and General Principles of the Civil Law of the People's Republic of China expert proposal draft compiled by China Law Science Association.At present,some civil code in written law countries have introduced the concept of animal special protection, common law countries have formulated the related laws to line with civil law protection of animals.By comparing the civil legislation about animals in foreign and our country.we found that the present civil legislation in our country has not distinguished between animals and common object, has not set the terms of the protection of animals or system,has also not pay attention to the individual interests protection of animals and animal ownership rules has also its black.For the value concept of "respect for life, treat animals right.", the civil code in the future should rule that animal is different from ordinary object about civil legal status, and stipulate the clear provisions that the animal is a special object and should be given special protection. At the same time,we should draw lessons from the study of the theory of the civil law protection and legislative experience about animals in foreign, combine with own national conditions, stipulate the clear provisions that animal protection is one of the value of civil law in the future civil code, establish the basic principles of animal protection, etc.In the specific provisions,which should also be formulated corresponding animal protection system, such as improve ownership system and establish the animal usufructuary right system, rule animal protection mandatory provisions in the Contract Law,and certainly benefit to donative behavior of legal effect, improve responsibility system for the damage caused by the animal,and so on.The author put forward animal protection legislation suggestions in the civil code compiling, in order to help the compiling of civil code of China in the future, promote the development of civil law to protect animals..